Have Military Law Questions? Ask a Military Lawyer.
I knew that I was going to come up hot on a urinalysis and in fear, went awol for about 30 days. In even more fear, I turned myself in. Upon my return, I was seemingly invisible to my unit. I sat idly in the barracks for days, I figured (remember I was young and very dumb) that I'd let them contact me when they're ready to put me out (I expected to be put out). I spent another 30 or more days awol. Upon my second return, I was immediately put into pretrial confinement. I was there for 90 days or so waiting on what my lawyer told me was a gcm. We went to trial, and I was released after 2 more days. I believe it was time served plus two days. As soon as I was released, I outprocessed for about a month and put it all behind me. Almost a year later, I was arrested and immediately released for being awol. 10 years later, I am haunted by what my record probab ly says, as my life has changed drastically for the better. The other day, I paid a company to retrieve my dd214, and this is what I recieved with a full refund. "We have reviewed the individual's service record which is stored in electronic records maintained by the military service department. The specific document requested was not located. It may be that it was not issued based on the specific period or type of military service." Of course, it goes on to say that I can write a letter if I still think that the records are missing. I half expect the responses that I get here to say the same thing, but, what are we without hope? I only worry what prospective employers will see when I graduate college.
What kind of court martial does it look like then? The judge questioned me, my lawyer questioned me and my first sgt., my father gave character testimony, then i gave a little speech.
So basically, my only benefit would be the verification of my bcd, right? I mean the company that i hired to get it for me was physically at the national archives, so i'm inclined to think that my answer would be the same. If they have made some "major mixup" can that be used in my favor? If not, my question is becoming why haven't my employment background checks come up with anything thus far, and does their rigor generally change with higher paying jobs. Im not planning to work for the gov't.
Ok..i think that my next question is my only hope besides wishing for a job that doesnt do an nac..i hear that discharge upgrades are rare, what are the odds of my receiving an upgrade 10 years after a bcd?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).